STATE v. YATES

No. 91-499.

137 N.H. 495 (1993)

THE STATE OF NEW HAMPSHIRE v. WILLIAM A. YATES, II

Supreme Court of New Hampshire.

August 5, 1993.


Attorney(s) appearing for the Case

John P. Arnold, attorney general (Jeffrey A. Meyers, assistant attorney general, on the brief, and Cynthia White, assistant attorney general, orally), for the State.

James E. Duggan, chief appellate defender, of Concord, by brief and orally, for the defendant.


JOHNSON, J.

The defendant, William A. Yates, II, appeals the Superior Court's (Nadeau, J.) denial of his motion to set aside the jury's verdict of guilty on a burglary charge. Yates alleges that he was convicted on the basis of false testimony in violation of the due process clauses of the fifth and fourteenth amendments to the United States Constitution. We reverse.

Yates was convicted of burglarizing a condominium belonging to Gary Wirt and Joyce...

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